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2025 DAILYLAW 90477 (PAT)

Krishna Sahani @ Krishna Sahni v. The State of Bihar

CR. MISC./90307/2024 · 2025-02-07

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90307 of 2024 Arising Out of PS. Case No.-234 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Krishna Sahani @ Krishna Sahni Son of Late Sahadev Sahani Resident of Village - Sareyan, P.S. - Hussainganj, District - Siwan, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prashant Kumar For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 07-02-2025 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 234 of 2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 326, 504 of the Indian Penal Code. 3. Based upon the written report, the prosecution alleges that on the fateful day while the informant was leaving after closing his flour mill, and when he reached near the shop of Krishna Sahni he found that one motorbike was parked obstructing the road traffic. When the informant enquired about its owner, some dispute has arisen and all the accused persons, including the petitioner, arrived there with the fasuli. It is specifically alleged, on the exhortation made by this petitioner, Patna High Court CR. MISC. No.90307 of 2024(3) dt.07-02-2025 2/3 all the accused persons assaulted the informant. There is specific allegation against the petitioner that he along with Amit Kumar Sahni @ Dhanu assaulted the son of the informant due to which he sustained grievous injury. 4. Learned Advocate for the petitioner contended that the alleged occurrence took place at 6:30 pm on 23.06.2024; but irrespective of the fact that the Police Station was just three kelometres away from the place of occurrence, the FIR has been lodged on the next day at about 4:00 pm in the evening; thus the deliberation and false implication of the petitioner cannot be ruled out. It is further contended that there is allegation against two persons of causing fasuli blow which led to two injuries but it has not been disclosed as to who has caused grievous injury. It is lastly contended that be that as it may the petitioner bears fair antecedent and in fact on account of some village politics the name of the petitioner has been implicated. 5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that there is specific allegation against the petitioner of causing grievous injury. 6. Regard being had to the submissions made on behalf of the parties and considering the specific nature of Patna High Court CR. MISC. No.90307 of 2024(3) dt.07-02-2025 3/3 accusation of causing fasuli blow which led to grievous injury, this Court is not acceded to the prayer for anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected. Anjani/- (Harish Kumar, J) U T